Presumption of Death Act (Northern Ireland) 2009
| Jurisdiction | Northern Ireland |
| Citation | 2009 NI c 6 |
| Year | 2009 |
is thought to have died; orhas not been known to be alive for a period of at least 7 years,the missing person was domiciled in Northern Ireland on the date on which he or she was last known to be alive or had been habitually resident there throughout the period of one year ending with that date;is the spouse or civil partner of the missing person; andis domiciled in Northern Ireland on the date when the proceedings are begun or has been habitually resident in Northern Ireland throughout the period of one year ending with that date;are of the same sex and married each other under the law of Northern Ireland, orregistered as civil partners of each other under the law of Northern Ireland,the applicant is a close relative of the missing person where the missing person is a victim of violence (within the meaning of section 1(4) of the Northern Ireland (Location of Victims' Remains) Act 1999 (c. 7) ) .the spouse or civil partner of; ora close relative of,the parent or child of that person; orthe sibling (whether of the full blood or the half blood) of that person.where the Court is satisfied that the missing person has died, the Court must include in the declaration a finding as to the date and time of death and, where it is uncertain when, within any period of time, the missing person died, the Court must find that he or she died at the end of that period;where the Court is satisfied that the missing person has not been known to be alive for a period of at least 7 years, the Court must include in the declaration a finding that the missing person died at the end of the day occurring 7 years after the date on which he or she was last known to be alive.(2) The High Court, on the dismissal of an application for a declaration under section 1, may not make any declaration for which an application has not been made.(3) No declaration which may be applied for under section 1 may be made otherwise than under section 1 by any court or tribunal.(4) Where, for the purpose of deciding any issue before it, a court or tribunal has to determine any incidental question relating to the death of a person, the court or tribunal may determine that question (but only for the purpose of deciding that issue) , and in the determination of that question, the court or tribunal must apply the criteria set out in subsection (1) .(a) no appeal is brought against a declaration under section 1 within the time allowed for appeal; or(b) an appeal against such a declaration is brought and the appeal is dismissed or withdrawn,determine any question relating to the interest of any person in the property of the missing person;make such order in relation to any rights to or in any property acquired as a result of the making of the declaration as it considers reasonable in the circumstances of the case; ordetermine the domicile of the missing person at the time of his or her presumed death.(2) An order under subsection (1) (b) may, subject to any conditions specified therein, direct that the value of any rights to or in any property acquired as a result of the declaration shall not be recoverable by virtue of an order made under section 6(2) .(1) A declaration under section 1 may, on an application made at any time by any person, be varied or revoked by an order of the High Court.(2) The Court must refuse to hear an application under subsection (1) if it considers that the applicant does not have a sufficient interest in the determination of that application.(3) An order made under subsection (1) is referred to in this Act as a “variation order”.(4) A variation order may make any determination referred to in section 4(1) (a) or (c) .the Registrar General;any person who applied for the declaration under section 1 to which the application under subsection (1) relates.(1) Subject to the following provisions of this section, a variation order shall have no effect on rights to or in any property acquired as a result of a declaration under section 1.(2) Where a declaration under section 1 has been varied or revoked by a variation order, the High Court, on making the order, must make such further order, if any, in relation to any rights to or in any property acquired as a result of that declaration as it considers reasonable in all the circumstances of the case.(3) An order made under subsection (2) shall not affect any income accruing between the date of a declaration under section 1 and the date of the variation order.
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